A woman engaged in a feud with her neighbor over him throwing things at her trailer. The woman confronted her two male neighbors in her yard and one man physically attacked her. The woman acted in self-defense by grabbing a grout trowel, used for laying tile, and sliced her neighbor in several places. The woman’s boyfriend witnessed the altercation and came to her rescue. The boyfriend used a taser to taze the violent neighbor while he contacted 911. The woman was arrested and charged with Aggravated Battery for her part in the brawl with the neighbor.
Aggravated Battery in Florida
Aggravated battery is defined as the intentional touching on another individual with an intent to inflict bodily harm.
There are different penalties for aggravated battery depending on the circumstances. Aggravated battery is generally charged as a second-degree felony. The penalty for this will be up to 15 years in prison, or 15 years probation, and a fine of $10,000
If the aggravated battery involved a firearm, there will be a minimum of 10 years in prison. A machine gun or a semi-automatic will result in a minimum term of 15 years while a firearm that was discharged during the incident will result in a 20-year minimum jail term. If the firearm was discharged, causing great bodily injury, disfigurement, disability, or death, a minimum of 25 years in prison will be imposed. Great bodily harm is defined as any harm that is more severe than minor of slight harm (bruises on hand, scratch on the face). This would include wounds that bleed profusely or any broken bones. Disability can be defined as anything that leaves a person not able to function normally, such as chronic back pain or a limp. Disfigurement could include a broken bone that does not heal correctly, leading to a change in looks, such as a broken nose.
Defenses Used For Aggravated Battery
There are many different defenses for aggravated battery that an attorney can use for you. These may include:
- Defense of others
- Stand your ground
- Lack of intent to strike or touch
- An Alibi
- Consent or mutual combat
- No intent to cause any bodily harm
Obtaining Musca Law Firm
If you have been charged with aggravated battery, you need legal representation to fight for your rights. A skilled attorney, such as ours from Musca Law, will use past experience, along with information about your case, to go head to head with the prosecution. We do not have any issues entering heated arguments if we have to. Many of our clients have had their charges significantly reduced or completely dismissed when our law firm has been up to bat for them! Call us today for a free consultation.
RESULT: The attorney filed an Appearance on the Client’s behalf and entered into discussions with the Prosecution over case details. Our Defense Attorney convinced the Prosecution not to press charges and DISMISSED the case against our Client.